Deck 8: Legal Constraints That Impact Police Operations

Question 1

Which of the following looks at the issue of police misconduct in production of the affidavit used to support the finding of probable cause?

A)Probable cause hearing
B)Franks hearing
C)Miranda hearing
D)None of the above

Answer 1

B

Question 2

The United States Supreme Court presently uses which approach in deciding what constitutes a search?

A)Curtilage
B)Reasonable expectation
C)Privacy
D)Exclusionary

Answer 2

C

Question 3

Qualified immunity will not shield an officer from:

A)making false statements.
B)making a warrantless search.
C)searching while in hot pursuit.
D)searching with the consent of the property owner.

Answer 3

A

Question 4

A Terry stop is a temporary stop with reasonable suspicion based on the following articulable fact:

A)an unidentified person is walking down the street.
B)a burglary is in progress.
C)a driver failed to stop at a stop sign.
D)a suspicious looking lady is window shopping.

Question 5

According the fourth amendment,no warrant shall issue but upon:

A)reasonable suspicion.
B)gut feeling.
C)beyond reasonable doubt.
D)probable cause.

Question 6

What does the U.S.Supreme Court currently use in deciding what constitutes a search?

A)Probable cause
B)Reasonable suspicion
C)Privacy approach
D)All of the above

Question 7

Which of the following is described as a government intrusion into an area or interest where a person has a reasonable expectation of privacy?

A)Arrest
B)Search
C)Seizure
D)All of the above

Question 8

The Terry stop is named after what United States Supreme Court case?

A)Terry v.Illinois
B)United States v.Terry
C)Terry v.Ohio
D)Miranda v.Terry

Question 9

A court decision where all the justices agree and there is no principle author of an opinion is referred to as:

A)plurality.
B)infra.
C)per curiam.
D)inter alia.

Question 10

When an incident qualifies as a search or seizure,it is restricted by which Amendment?

A)First
B)Second
C)Fourth
D)Fifth

Question 11

Who makes the determination as to whether probable cause exists in warrant cases?

A)Police
B)District attorney
C)Jury
D)Magistrate

Question 12

The legal concept that defendants generally must assert their own legal rights is referred to as:

A)an objection.
B)standing.
C)privilege.
D)peremptory challenge.

Question 13

The fourth amendment does not prohibit all searches and seizures,but only the __________ ones.

A)violent
B)unreasonable
C)emergent
D)hot pursuit

Question 14

A police officer,police department or city,may be subject to civil liability in which of the following situations?

A)A civil action based upon an intentional tort
B)Testifying in a criminal trial
C)Subjected to a subpoena in a criminal or civil trial
D)Testifying on his or her behalf in a criminal trial

Question 15

A doctrine used by the courts to suppress evidence discovered as a result of an illegal search is:

A)the warrantless search doctrine.
B)fruits of the poisonous tree.
C)exclusionary rule.
D)exception to the warrant requirement.

Question 16

The majority of civil litigation against police agencies and individual officers is based upon violations of constitutional rights filed pursuant to:

A)28 U.S.C.1983.
B)Title VII action.
C)42 U.S.A.1983.
D)42 U.S.C.1983.

Question 17

Functions more investigative in nature are more removed from the judicial process and merit:

A)total immunity.
B)qualified immunity.
C)dismissal.
D)exclusion.

Question 18

A hearing that looks at the issue of police misconduct in production of the affidavit used to support the finding of probable cause is referred to as a:

A)Morrissey hearing
B)Franks hearing
C)Jackson v.Denno hearing
D)Motion In Limine hearing

Question 19

One of the protected items specifically listed in the Fourth Amendment is:

A)homes.
B)cars.
C)mail.
D)personal space.

Question 20

The aim of the exclusionary rule is to:

A)deter police misconduct.
B)help defense attorneys exclude evidence.
C)address the integrity of the United States Constitution.
D)guide courts in allowing warrantless searches.

Question 21

An arrest requires four essential elements: intention to arrest,authority to arrest,seizure and detention,and an understanding by the arrestees that they are being arrested.

Question 22

If the police make a lawful arrest,probable cause is not needed to search the arrested individual.

Question 23

The exclusionary rule also applies to deportation hearings.

Question 24

A person may not waive their rights under the Fourth Amendment and consent to a search.

Question 25

The two most frequent situations in which the police may search without a warrant are vehicle searches and situations where exigent circumstances prevent the police from having time to obtain a search warrant.

Question 26

An item is considered to be in plain view even when common means of enhancing vision are used.

Question 27

A magistrate may not serve merely as a rubber stamp for the police.

Question 28

A court decision where all the justices agree and there is no principle author of an opinion is referred to as __________.

Question 29

The legal concept of standing is based on the rule that defendants generally must assert their own legal rights and interests,and cannot rest their claim to relief on the legal rights or interests of another person.

Question 30

When items obtained as the result of a search warrant are offered into evidence,there is a presumption that the search was legal and the prosecution has the burden of proving its illegality.

Question 31

The phrase "person of reasonable caution" does not refer to a person with special legal training,it refers to the average person who under the circumstances would believe that the individual being arrested had committed the offense or that the items to be seized would be found in a particular place.

Question 32

The United States Supreme Court presently uses the __________ approach in deciding what constitutes a search.

Question 33

Probable cause may be based on hearsay information.

Question 34

The __________ Amendment prohibits law enforcement from conducting unreasonable searches and seizures.

Question 35

It is the police officer who makes the determination of probable cause.

Question 36

A person's home is one of the protected items specifically listed in the __________ Amendment.

Question 37

If the item is in plain view,there has been a search within the meaning of the Fourth Amendment.

Question 38

The Fourth Amendment applies to telephone company billing records.

Question 39

The legal concept that defendants generally must assert their own legal rights is referred to as __________.

Question 40

The exclusionary rule is a rule of evidence that excludes evidence from being admitted in a criminal trial on the question of the defendant's guilt or innocence that was obtained in violation of the defendant's constitutional rights.

Question 41

Functions more investigative in nature are more removed from the judicial process and merit __________.

Question 42

The aim of the __________ rule is to deter police misconduct.

Question 43

A __________ stop is a temporary stop with reasonable suspicion based on an articulable fact such as a burglary in progress.

Question 44

A hearing that looks at the issue of police misconduct in production of the affidavit used to support the finding of probable cause is referred to as a __________ hearing.

Question 45

According to the Fourth Amendment,no warrant shall issue but upon __________.

Question 46

__________ immunity will not shield an officer from making false statements.

Question 47

A police officer,police department or city,may be subject to civil __________ in a civil action based upon an intentional tort.

Question 48

The Terry stop is named after the United States Supreme Court case Terry v.__________.

Question 49

A doctrine used by the courts to suppress evidence discovered as a result of an illegal __________ is fruits of the poisonous tree.